Memo: Important Immigration Changes effective April 1, 2011 (April 4, 2011)

Memorandum
Date: April 4, 2011
To:  Deans, Directors, Department Heads, and Administrators
From: Linda McKnight, Director, Human Resources Advisory Services, and Fran Watters, Director Faculty Relations
Subject: Important Immigration Changes effective April 1, 2011

The Government of Canada has introduced new regulations that affect our employment of foreign workers.  These changes are intended to ensure that employers comply with the Temporary Foreign Workers Program and that Temporary Foreign Workers are treated fairly.

Effective April 1, 2011:

1. Four-Year Cap on Work Permits for Foreign Workers

Foreign workers will only be permitted to hold a work permit for a total of four years.  They must then wait at least four years before they may reapply for a new work permit.  This cap does not apply to foreign workers with the following work permits:

• C-10 “Significant Benefits” work permits;
• Work permits issued to foreign students during their studies; and
• Work permits issued pursuant to an international agreement (NAFTA, CCFTA, GATS)

These rules are intended for foreign workers who are in Canada on Labour Market Opinion (LMO) confirmed work permits but will also apply to the majority of other temporary foreign workers.

2. Two-Year Ban for Non-Compliant Employers

In an attempt to address the abuse of foreign workers, employers who are in breach of their obligations with respect to wages, working conditions or job duties, could face a two-year ban on hiring temporary foreign workers.  If it is determined that an employer has breached their obligations, it is likely this ban would impact an employer the next time they apply for a Labour Market Opinion work permit.  Further penalties including significant financial payments also act as a deterrent.

It is important that you encourage all staff and faculty (for specifics with regard to faculty see the Faculty Relations website) working at UBC on temporary foreign work permits, and who intend on staying for more than four years, to seek permanent residency as early as possible.

For more details on the new regulations, see: http://cic.gc.ca/english/department/media/backgrounders/2011/2011-03-24.asp.

View this memo as a pdf.